Harrison v. Craven
Supreme Court of Missouri
Appeal from Clay Circuit Court. — -Aim J. W. Alexander, Judge. (1) An equity case is tried de novo in the appellate court, as if it originated there. Sheridan v. Nation, 159 Mo. 27; Railroad v. Brandon, 81 Mo. App. 1; Robertson v. Sheperd, 165 Mo. 360. The appellate court will examine the facts and render judgment for the right party, notwithstanding the findings of the trial court.
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Appeal from Clay Circuit Court. — -Aim J. W. Alexander, Judge. (1) An equity case is tried de novo in the appellate court, as if it originated there. Sheridan v. Nation, 159 Mo. 27; Railroad v. Brandon, 81 Mo. App. 1; Robertson v. Sheperd, 165 Mo. 360. The appellate court will examine the facts and render judgment for the right party, notwithstanding the findings of the trial court. Donivan v. Donivan, 157 Mo. 157; Fitzpatrick v. Weher, 168 Mo.' 562; Hoeller v. Haffner, 155 Mo. 589. (2) The agency being clearly established, the trust necessarily follows, and it only remains to consider the…
1Opinion of the CourtLamm, J.
Harrison sued Craven in two counts. In the first count of an amended petition he alleged, in substance, that Craven was a real estate agent in the city of Excelsior Springs, Clay county, Missouri; that Harrison purchased lots nine and ten in block ten, in the city of Excelsior Springs, in February, 1902, and procured title thereto except as to the north one-fourth of lot ten, said north one-fourth being a small strip seventeen and one-half feet wide by forty feet long, lying next to an alley; that said property was purchased for the purpose of erecting a building for sanitarium purposes,…
2Cases cited9 opinions
- Trice v. ComstockCourt of Appeals for the Eighth Circuit · 1903
- Allen v. RichardSupreme Court of Missouri · 1884
- Haseltine v. SmithSupreme Court of Missouri · 1900
- Moore v. MountcastleSupreme Court of Missouri · 1875
- Cunningham v. WilliamsMissouri Court of Appeals · 1891
4 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Zakibe v. Ahrens & McCarron, Inc.Missouri Court of Appeals · 2000
- State Ex Rel. Duggan v. KirkwoodSupreme Court of Missouri · 1948
- Monticello Building Corp. v. Monticello Investment Co.Supreme Court of Missouri · 1932
- Utlaut v. Glick Real Estate Co.Supreme Court of Missouri · 1952
- Gates Hotel Co. v. C. R. H. Davis Real Estate Co.Supreme Court of Missouri · 1932
10 more not listed; retrieve them via the Exa API.